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Howard Trail Vs Lesko Case Study

448 Words2 Pages

Justin Smith Howard Trail v. Timothy Lesko (Case Brief 7)
Facts
Facebook is a social networking site, which is a web-based service. People create accounts and join communities with other people over the internet. Social networking sites use Web 2.0 technology. The case arises from an accident which occurred on September 26, 2009 after Timothy Lesko attended a Gun Bash. Michael Trail claimed serious injuries from the accident. Timothy Lesko claimed that he was not the driver and does not know who was driving while the accident occurred.
Procedural History
None
Issue
Should both parties be granted access to the other’s personal/private Facebook account to try to discover evidence?
Holding
Both parties are denied access to the other’s profile. …show more content…

M’Intosh (Case Brief 9)
Facts
Thomas Johnson bought land from Native Americans and then it was given to his descendants. William M’Intosh obtained the same land through a land patent from the United States federal government. The property of land had two grants permitting ownership of the same land and both parties wanted to keep the land.
Procedural History
The district court dismissed the claim to have M’Intosh evicted, but ruled in favor of defendant.
Issue
Do Native Americans have the ability to give land as well as do citizens of the US have the ability to obtain it from them?
Holding
The Native Americans do not have the ability to give land to Americans and Americans cannot obtain it from them.
Judgment
The judgment was affirmed.
Reasoning
The reasoning behind the holding is that the nation that discovers the piece of land has the control over regulations regarding interactions with the Native Americans. Also when the land was bought by Johnson there was no paperwork done as in the title of the land, but even if the Native Americans did create a title. The title would not stand in a US court and furthermore the Native Americans do not have the right to grant land, but the US has the right. So basically, Natives of a land are allowed to live there, but are not allowed to give or sell land to

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